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  • SECTION 861
    Action for cutting, removing, injuring or destroying trees or timber, and damaging lands thereon
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  • ARTICLE 8
    Waste and Other Actions and Rights of Action For Injury to Real Property
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  • SECTION 881
    Access to adjoining property to make improvements or repairs
    • Viewing most recent revision (from 2014-09-22)

    SECTION 871

    Action for the removal of encroaching structures

    Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 8

    § 871. Action for the removal of encroaching structures. 1. An action
    may be maintained by the owner of any legal estate in land for an
    injunction directing the removal of a structure encroaching on such
    land. Nothing herein contained shall be construed as limiting the power
    of the court in such an action to award damages in an appropriate case
    in lieu of an injunction or to render such other judgment as the facts
    may justify.

    2. This section shall not be deemed to repeal or modify any existing
    statute or local law relating to encroaching structures.